Saturday, July 27, 2013

READY TO OCCUPY? ExxonMobil is endinghousing assistance payments to people routed from homes by its oil spill.

Sam Eifling, newly at work for us on our Mayflower oil spill project with Inside Climate News, is at work on a news story about ExxonMobil's notice to owners of property in the Mayflower subdivision soiled by the pipeline burst that the oil giant is cutting off temporary housing assistance Sept. 1 to displaced residents.

This is sooner than some had expected. Many do not want to move home. After Sept. 1, they must or pay their own money to live elsewhere.

I mention this before the article is complete because word is leaking out. U.S. Rep. Tim Griffin, one of the pipeline industry's biggest advocates, is trying to get out in front of more bad news from Exxon by issuing a statement urging it to do right. He's angry about the latest, he said.

As someone who first praised Exxon's initial response, Griffin has become more consumer oriented in recent days, a position he hasn't adopted in the face of opposition to the Keystone XL pipeline, which would carry the same kind of problematic Canadian tar sands across a senstive Nebraska aquifer. No word if Lt. Gov. Mark Darr, who recently proclaimed Mayflower in better condition than pre-spill, shares Griffin's indignation.

Though Griffin is no longer alibiing for ExxonMobil, his heightened interest hasn't produced transparency from Exxon on reasons behind the pipeline break; solicitous treatment of directly affected homeowners, or adequate treatment of people farther removed from the pipeline break who insist they and Lake Conway have been harmed as well.

More later from Sam Eifling. In the meanwhile: Griffin's prepared statement follows on the jump. He again mentions his legislation to give an income tax break to people who receive voluntary payments from Exxon. That legislation won't cover payments won by lawsuits. Cessation of housing assistance raises another point of contention that might have to be resolved by legal action since Exxon intends to end voluntary payments.

WASHINGTON — Congressman Tim Griffin (AR-02) issued the following statement after sending a letter to Gary Pruessing, president of the ExxonMobil Pipeline Company:

“It is my understanding that ExxonMobil informed displaced Mayflower residents whose homes have been cleared by the Unified Command that after September 1, 2013, ExxonMobil intends to cut off funding for their alternative housing. I am angered and deeply concerned that ExxonMobil would prematurely terminate housing assistance for these residents, forcing them to either move back into their homes or pay the full cost of alternative housing. In addition, weeks after I received highly technical raw data on these inspections, I have still not received a response from ExxonMobil to my request for a briefing on this raw data, which is indecipherable without technical assistance. In all of these matters, ExxonMobil should step up and fulfill its duty.”

A copy of the letter, which among other things requests that ExxonMobil continue to provide housing assistance to the affected residents through December 31, 2013, can be found here.

Since the March 29 oil spill, Rep. Griffin has toured the cleanup site several times (most recently last week), remained in constant contact with residents and representatives of the Unified Command, and called for relocating the Pegasus pipeline away from Lake Maumelle.

Last week, Griffin introduced H.R. 2724, which will prevent compensation provided to Mayflower residents from being taxable by classifying it as “a qualified disaster relief payment” under current law. This would protect the impacted families from facing thousands of dollars in additional taxes. [Only to the extent they received payment in excess of the cost value of their homes.] In a presidentially-declared disaster, such as those that occurred in Oklahoma and New Jersey, any benefits provided would automatically be tax-exempt.

By SHELLEY TERRY - sterry@starbeacon.comStar BeaconJEFFERSON — A group trying to put a county charter government initiative on the November ballot has submitted the required number of petition names to do so, a spokesman said.

Robert Malinowski, of the Committee for a New Ashtabula, said Friday he understood volunteers had gathered around 663 additional names to replace those ruled invalid by the Ashtabula County Board of Elections earlier this month. The collection process is over, he said.

“Twenty-five petitions were turned in,” Malinowski said. “We have more than enough signatures.MORE

I am often the only citizen in attendance at meetings held by Ashtabula County Commissioners. Expenditures, new positions, levies and the like are barely discussed much less evaluated at work sessions. Elaborate and lengthy resolutions, which are presumably derived as a result of work sessions, pass without discussion at the speed of light.

More taxpayers should make a point of attending. An informed, and participating, electorate is essential to ensuring any kind of government works as intended.

My family moved to Ashtabula a little over than two years ago. We chose this as our home because we were struck both by its beauty and the goodness of the people we met. Now, we are Ashtabulians.

My background is in business and over the years I have watched businesses I knew fail because they ignored the realities of ensuring their resources were used well and judiciously. The problems here parallel those now confronting business, and government, around the country.

I began to interview people who depended on programs funded by Ashtabula County. My concerns grew. I found disabled people who are uneasy when making a doctor's appointment for fear of being stranded being just one of the rampant problems with the ACT Program. I wondered why this, and other programs, were contracted to businesses outside our county at such high costs.

People who had legitimate and dangerous issues which involved young children who were not being served by the Ashtabula Children's Services. Those most in need were not being cared for and treated with dignity and respect. Their stories are appalling.

This past Tuesday, when I entered the scheduled Commissioner meeting, I expected to once again simply listen and take notes.

At first, it was like other meetings I have attended. The Commissioners were present along with Lisa Hawkins, Clerk of the Board, Janet Discher, County Administrator and a woman reporter from the Star Beacon.

The 34 minute work session was fairly uneventful. Of note a short discussion about a notice to request bids for a turnkey web content management system complete with training was discussed, this to cost in excess of 50k. No mention was made of the impact passage of the Charter Amendment would necessarily have on any web presence for the County.

But apparently the Charter Amendment was very much on Mr. Claypool's mind as he confronted me at the conclusion of the meeting. Mr. Claypool and I are not acquainted so I was expecting cold courtesy. Instead in increasingly shrill tones and ever redder face he complained about an email that said nothing about him and turned our discussion into being all about him. He ranted about his exemplary career, he informed me he had never done anything illegal and in summation he intimated I should be grateful for all his hard, honest work and accomplishments.

I am fairly new here to Ashtabula County so I am not very clear on what those accomplishments are, but I guess I can begin to research them. Despite his inappropriate tone to a citizen I think he deserves credit for honesty in this case. It’s not many politicians that would flat out come apart in front of a Charter Committee person because when enacted he would lose his position. If that wasn’t such a selfish motivation, and if he hadn’t been so narcissistic and petulant in delivering it, I might admire him for that rare political trait: blunt honesty.

After a little research what I have discovered is that Mr. Claypool had retired and now is rehired. He enjoys a pension as well as a salary at a time when many Ashtabulians are struggling for food and shelter with no promise of security in sight.

Among other things we must demand our politicians approach the challenges facing our County objectively. They are responsible for what they do - and for what they do to us who trusted them to act on our behalf.

It was my initial attendance at Commissioner meetings which led me to become more involved with a diverse group of citizens proposing changes which bring government back to the people. The people involved are democrats, republicans, independents, and libertarians. We share the sense that accountability along with effective research, are desperately needed to nurture prosperity here in Ashtabula County.

The Charter government promises to return government to the people. Instead of 3 Commissioners the people will elect 7 Council people, each representing a specific constituency. We believe this makes the government more accountable and available to the people.

For more good things for Ashtabulians please take a look at the details of the Charter at www.NewAshtabula.com.

I started this letter as an invitation, the invitation is to join me at our County meetings. Email Lisa Hawkins (LLHawkins@ashtabulacounty.us) and ask her to be put on the mailing list. Request from her the meeting schedule each week, the minutes from work sessions, the agendas and the resolutions.

I shake my head every time I see taxpayer money wasted, misappropriated or squandered. All expenditures must be considered carefully so all can be served, especially those most in need.

Together we need to ask questions, support good ideas, and ensure the voice of the people is present in our government.

Friday, July 26, 2013

A new website, $50,000. Why now, just months before the vote on a new form of governance for Ashtabula County?

COMMENTARY through comments at bottom

The Board of County Commissioners of Ashtabula County, Ohio, met on the 23rd day of July, 2013 in regular session at the offices of the Board, Old Courthouse, 2nd Floor, Jefferson, Ohio, with the following members present: Joseph A. Moroski, Daniel R. Claypool, Peggy A. Carlo.

WHEREAS, Janet Discher, Ashtabula County Administrator, has submitted a request to the Board of Commissioners to order a Request for Proposal for to obtain a qualified private vendor to supply a turnkey Web Content Management (WCM) System, perform the initial conversion of existing web presence content and train Ashtabula County users on system usage; and

WHEREAS,Because the above request is estimated to be is in excess of $50,000.00,it is necessary to advertise for proposals as required by Section 307.862 Ohio Revised Code in accordance with specifications now on file in this office; now6

THEREFORE, BE IT RESOLVED, By the Board of Commissioners of Ashtabula County, Ohio, that a proposal opening will be held on the 23rd day of August, 2013 at2:00p.m. at the office of the Ashtabula County Commissioners and the Clerk of the Board is hereby ordered to post notice via the internet at the Ashtabula County Website, “http://ashtabulacounty.us&rdquo;.

RESOLUTION NUMBER 2013-49FINA APPROVING FINANCIAL TRANSACTIONS FOR THE COUNTY

The Board of County Commissioners of Ashtabula County, Ohio, met on the 23rd day of July, 2013, in regular session at the offices of said Board in the Old Courthouse Building, 2nd Floor, Jefferson, Ohio, with the following members present: Joseph A. Moroski, Daniel R. Claypool, Peggy A. Carlo.

WHEREAS, it is declared and determined that all formal actions of the Board of County Commissioners concerning and relating to the adoption of all resolutions that were adopted in this meeting, and that all deliberations of the Board of Commissioners and any of its committees that resulted in such formal action, were open to the public and were in compliance with all legal requirements, including Section 121.11 of the Ohio Revised Code.

The New Hotel Tax, aimed at small business people and householders trying to make a few dollars - Or, a Hunting License for Carl Feather (See Feather Employment Information)

COMMENTARY through comments!

The Board of County Commissioners of Ashtabula County,
Ohio, met on the 23rd day of July, 2013, in regular session at the
offices of said Board in the Old Courthouse Building, 2nd Floor,
Jefferson, Ohio, with the following members present: Joseph A.
Moroski, Daniel R. Claypool, Peggy A. Carlo.

WHEREAS, On April 22,
1991, pursuant to Section 5739.024 of the Ohio Revised Code, the
Board of Commissioners levied an excise tax on transactions by which
lodging by a hotel or motel is furnished to guests; and

WHEREAS,
Said Resolution has been previously amended by Resolution Numbers
91-825; 96-1687; 2002-221; 2002-471; 2002-924; and

WHEREAS, Ohio
Revised Code Section 5739.024(G), as enacted by House Bill 94 of the
124th General Assembly, authorizes a board of county commissioners to
adopt a resolution specifying that, for purposes of any lodging tax
that may be imposed by the board under Ohio Revised Code Section
5739.024 or division (c) of Ohio Revised Code Section
5739.02, “hotel”
as otherwise defined in Ohio Revised Code Section 5739.01, includes
establishments in which fewer than five rooms are used for the
accommodation of guests; and

WHEREAS,
from time to time, it is found necessary to update the Ashtabula
County Lodging Excise Tax Code of Regulations, to-wit:

Section 1:
Title

This code of regulations shall be known and may be cited and
referred to as “Ashtabula County Lodging Excise Tax Code of
Regulations” or “County Lodging Excise Tax Code of Regulations”
to the same effect. The authority for this code is ORC sections
5739.024(A), 5739.024(G) and 5739.09(A)(1), and 5739.09(A)(4) and
Chapter 351, and Board of Commissioners resolutions 91-451, 91-825,
93-1687, 2002-221, 2002-471, 2002-924 and 2003-891.

Section 2:
Definitions

Except where the context otherwise requires, the
definitions given in this section govern the regulations and are the
meanings of the words defined.

b. Administrator
means the Lodging Tax Administrator of Ashtabula County, Ohio, or his
or her appointed designee, who has been authorized by the Board of
Commissioners to administer the lodging tax rules and regulations.
Such tax and associated penalties and interest are collected by the
board, but the board, at its discretion, may assign that collection
duty to the Ashtabula County Auditor or Treasurer.

c. Auditor
means the Auditor of Ashtabula County, Ohio, or his or her appointed
designee.

d. Lodging means every establishment kept, used,
maintained, advertised or held out to the public to be a place where
sleeping accommodations are offered for a consideration to transient
guests, in which one or more rooms are used for the accommodation of
such guests, whether such rooms are in one or several structures
where keyed entry is provided. This includes but is not limited to
hotels, motels, bed and breakfasts, cottages, guest houses, tourist
homes/houses, cabins, condominiums, vacation homes, mobile homes,
recreational vehicles, lodges, sub-leased condominiums, dormitories
or any public or private clubs at a fixed location.

f. “Rent”
means the consideration received for occupancy valued in money,
whether received in money or otherwise, including all receipts, cash,
credits and property or services of any kind or nature, and also any
amount for which the occupant is liable for the occupancy without any
deduction there from whatsoever. In those situations where the rent
is part of a package that includes food, instruction, recreation,
transportation or other services, the Operator must determine the
reasonable value of the rent portion of the service and calculate the
tax thereon. Additional fees imposed by the Operator for special
situations, such as accommodating a pet or providing amenities or
special guest accommodations, are subject to the lodging tax.
Amenities that are advertised or offered as free or complimentary
cannot be deducted from room rents.

g. “Operator” means the
person or persons who is (are) proprietor(s) of the lodging
establishment, whether in the capacity of owner, lessee, mortgagee in
possession, licensee or any other capacity. Where the Operator
performs his functions through a managing agent of any type or
character other than an employee, the managing agent shall also be
deemed an Operator for the purposes of this regulation and shall have
the same duties and liabilities as his principal. Compliance with the
provisions of this regulation by either the principal or the managing
agent shall, however, be considered to be compliance by both.

h.
“Occupancy” means the use or possession, or the right to the use
or possession of any room or rooms or space or portion thereof, in
any lodging establishment for dwelling or sleeping purposes. The use
or possession or right to use or possess any room or any suite of
connecting rooms as office space, banquet or private dining rooms, or
exhibit, sample or display space shall not be considered occupancy
within the meaning of this definition unless the person exercising
occupancy uses or possesses, or has the right to use or possess all
or any portions of such room or suite of rooms for dwelling, lodging
or sleeping purpose.

Section 3: Intent

It is the intent of
these rules and regulations to provide for the administration of
imposing, collecting and distributing the levy of an excise tax of
five percent (5%) on transactions by which lodging by an Operator is
or is to be furnished to transient guests as referred to and
authorized by Ohio Revised Code Section 5739.024. Accordingly, these
rules and regulations shall be liberally construed to effectuate that
purpose so as to be consistent with any requirement of law,
compliance which is a prerequisite to the validity of the tax
intended to be levied hereby.

The tax and any associated penalties
shall be collected by the Administrator appointed by the Board of
Commissioners. The Board may, in its discretion, assign collection
duties to the Treasurer or Auditor of Ashtabula County.

Section 4:
Imposition and Rate of Tax:

For the purpose of growing the tourism
industry in Ashtabula County, an excise tax of five percent (5%) is
levied upon all transactions when lodging is, or is to be, furnished
to transient guests. Such excise tax consists of a three percent (3%)
tax authorized pursuant to Section 5739.09(A)(1) of the Ohio Revised
Code and allocated by the Board of Commissioners to the Ashtabula
County Convention and Visitors Bureau (ACCVB), and a two percent (2%)
tax authorized pursuant to Section 5739.09(A)(4) of the Ohio Revised
Code and allocated to the Ashtabula County Convention Facilities
Authority (CFA).

Collectively, such taxes are known as the
Ashtabula County Lodging Tax.

The tax applies and is collectible
at the time the lodging is furnished, regardless of when the price
for same is paid. For the purpose of proper administration, and to
prevent evasion of the tax, it is presumed that all rents for
transient lodging in Ashtabula County are subject to the tax until
the contrary is established.

The transient guest shall pay the
excise tax to the Operator, and each Operator shall collect from the
transient guest the full and exact amount of the tax payable. The tax
required to be paid and collected shall be deemed to be held in trust
by the Operator until paid to the Administrator. The guest’s
failure to pay the tax does not relieve the Operator of his or her
responsibility to report and remit the obligation to the
Administrator

The Board of Commissioners recognizes the right of
townships and municipalities that are located either partially or
wholly within Ashtabula County to enact and administer lodging taxes
as provided under ORC 5739.08.

Section 5: Exemptions

No
Operator shall refuse to collect and no transient guest shall refuse
to pay the full and exact tax as required by this regulation. No
guest shall present to the Operator false evidence indicating that
the lodging as furnished is not subject to the tax.

No tax shall
be imposed under this regulation upon:

Rents not within the taxing
power of the county under the Constitution or laws of Ohio or the
United States;

No exemption claimed under this section shall be
granted except upon a claim therefore made at the time rent is
collected and under penalty of perjury upon a form prescribed by the
Administrator.

Generally recognized exemptions are Federal
Government Employees traveling on official business and employees of
a federal credit union, traveling on official credit union business.
To receive the exemption, a copy of a Transient Occupancy Tax
Exemption Certificate must be filed with the Operator’s tax
return.

Section 6: Tax to be Stated and Charged Separately

The
tax to be collected shall be stated on and charged separately from
the rent and shown separately on all records, bills, statements or
other documents evidencing the transaction. The tax shall be paid by
the transient guest to the Operator as trustee for and on the account
of the county. The Operator shall be liable for the collection and
remittance of the tax to the County as set forth herein.

In
instances where the Operator advertises the rent as “taxes
included,” the Operator must be prepared to, upon request by the
transient guest or Administrator, the cost of the lodging before any
taxes.

Section 7: Refunds

The Administrator shall grant credits
to Operators for the amount of any taxes paid illegally or
erroneously, as well as any penalties or interest erroneously
collected from the Operator.

The transient guest may obtain a
credit for the amount of taxes paid illegally or erroneously, but
only when the transient guest paid the tax directly to the
Administrator. No refund shall be paid unless the claimant
establishes his right thereto in writing on forms furnished by the
Administrator, stating under penalty of perjury the specific grounds
upon which the claim is founded. Such claims shall be filed with the
Administrator within three years of the date of payment. The form may
be obtained by making a request to Lodging Tax Administrator,
Ashtabula County Board of Commissioners, 25 W. Jefferson St.,
Jefferson, OH 44047, by calling the office at (440)
576-3750 or
visiting the lodging tax section of the Ashtabula County
website, www.co.ashtabula.oh.us.

Section
8: Registration

Prior to 30 days before commencing business, each
Operator of any lodging establishment renting lodging to transient
guests shall register said establishment with the Administrator and
obtain a Transient Occupancy Registration Certificate. The document
must be posted in a conspicuous place at all times on the Operator’s
premises. Said certificate shall state:

 The Operator’s
name

 The name(s) and street address of the operation


The date the certificate was issued

 The county’s intent in
collecting the excise tax

 The following language: “This
Transient Occupancy Registration Certificate signifies that the
person named on the face hereof has fulfilled the requirements of the
Ashtabula County Board of Commissioners Lodging Tax Code of
Regulations by registering with the Administrator for the purpose of
collecting from transient guests the Ashtabula County Lodging Excise
Tax and remitting said tax to the county. This certificate does not
constitute a permit.”

An Operator who elects to convert a
property to “full-time (permanent) rental use,” i.e. the guest
will be staying 30 days or more and the property is held out to the
public as such, must surrender the Transient Occupancy Tax
Certificate issued by the Administrator and pay the excise tax
through the date of conversion. A new certificate must be obtained
prior to the property being re-instated as transient guest
lodging.

Section 9: Reporting and Remitting

The Administrator
shall provide reporting forms either electronically (email/download)
or by mail to each Operator responsible for collecting the
tax.

Operators whose excise tax collection is anticipated to or
actually exceeds $100 per month for three consecutive months must
file and pay monthly. Operators whose tax liability is $100 or less
per month may file quarterly. The Administrator, at his discretion,
may revoke the option of quarterly filing if the Operator fails to
file a report and pay taxes due in a timely manner.

All Operators
whose business is seasonal (i.e. April through October) need not file
reports during the months the property is not offered for lodging.
However, said seasonal Operators must indicate the following
information on the final report of the season for that calendar
year:

• That the report is the final one for the season and no
further reportable business will be conducted at the location;

•
The year, month and day the Operator intends to resume the
business.

Each Operator shall, on or before the last day of the
month, complete and file a report for the preceding month (or
quarterly reporting period) showing receipts from furnishing lodging
and the amount of excise due from the Operator to the county for the
period of the return. Returns must be delivered in person, mailed or,
at the county’s discretion, submitted electronically, by the due
date. Such returns that are mailed must have a postmark of the last
day of the month or earlier to be within the required reporting
period. For example, the return for the month of June or the second
quarter must be postmarked on or before July 31 of the same
year.

Payment of the lodging tax reported must be included with
the report, as must be any claims for exemption filed by transient
guests with the Operator for the period covered by the return.
Acceptable payment forms include business check, certified check or
money order. In the event a check is returned for insufficient funds,
closed account or other reasons, the Administrator shall impose a
penalty of $50 and require all future payments be made by certified
check or money order.

The Administrator may extend the time for
making and filing returns, but any payments that are due and unpaid
will accrue penalties and interest as prescribed by Section 11 of
this document.

As part of the reporting process, the
Administrator, at his discretion, may request from the Operator other
pertinent data, including but not limited to the number of rooms
available/rented, the cost of such rooms on a weekly or daily basis
and the

Operator’s business forecast as part of the reporting
requirement.

A lodging activity report must be filed even if the
Operator received no consideration for lodging provided (including
family/friends using the rooms) during the reporting
period.

Operators who own more than one hotel in Ashtabula County
must file a separate report for each property. Aggregate payments are
acceptable, but multiple properties may not be combined on one
report. Aggregate reports will be rejected and individual reports
requested by the Administrator.

All returns and payments submitted
by each Operator shall be treated as confidential by the
Administrator and shall not be released by the Administrator except
upon order of a court of competent jurisdiction or to an officer or
agent of the United States, State of Ohio, County of Ashtabula,
Ashtabula County Convention and Visitors Bureau (ACCVB), fiscal
officer of a municipality or township which levies a lodging tax or
in order to comply with the requirements of Ohio Revised Code
149.43.

Returns and payments are due immediately upon cessation of
business for any reason.

Section 10: Auditing

Audits are an
integral part of a fair administration and collection of the tax.

The
Administrator or Auditor of the County of Ashtabula may conduct
audits as are deemed necessary in order to ensure compliance with
these rules and regulations and the imposition and payment of the
tax. The Administrator or Auditor has the right to inspect the
Operator’s business records at all reasonable times. Operators are
required to keep, preserve and produce upon request, for a period of
three years, all records necessary to determine the amount of the tax
and corroborate lodging reports as filed by the Operator.

Section
11: Penalties, interest and fines on delinquent payments

A report
and the tax due the county shall be considered delinquent if the same
are not received by the last day of the month for the preceding
reporting period, whether a month or quarter.

• A tax payment
that is delinquent shall be subject to a 10 percent penalty. In the
event that an audit reveals intention to defraud the county of the
lodging tax, the penalty shall be increased to 25 percent

• Any
penalty assessed by the Administrator is due immediately.

•
Additionally, the Administrator may impose a penalty of $25 for any
Operator who files three or more reports past the due date in a given
year. A penalty of $100 will be imposed for each month a tax payment
is delinquent six months or more. These fines are imposed under the
authority of the ORC 5739.99(D).

• Penalties, interest and fines
shall be retained by the Ashtabula County Board of Commissioners as
administrative fees.

• No penalties shall be imposed on the
Operator during the pendency of the appeals process.

Section 12:
Noncompliance estimate of tax due

If any Operator fails or refuses
to collect the transient guest tax or to file a return and to make a
remittance of such tax or any portion thereof as required herein, the
Administrator shall proceed in such manner deemed best to obtain
facts and information on which to base an estimate of the tax due.
The estimate will be used to calculate a penalty and interest due, as
well. The burden of proving the estimate inaccurate rests upon the
Operator.

Once a determination of the amount due is made, the
Administrator shall give notice to the Operator by serving the same
upon the Operator, personally or by registered or certified mail.
Such Operator may, within ten (10) days after the serving or mailing
of such notice, make application in writing to the Administrator for
a hearing of the amount assessed. If the application by the Operator
is not made within the time prescribed, then the tax, penalty and
interest determined by the Administrator shall become final,
conclusive and immediately due and payable.

If such application is
made, the Administrator shall give not less than five (5) days
written notice in the manner prescribed in this section to the
Operator to show cause at a time and place fixed in such notice why
the amount specified therein shall not be fixed for such acts and
penalty. In any such hearing, the Operator may appear and offer
evidence why such specified tax and penalty should not be so fixed.
After such hearing, the Administrator shall determine, within ten
(10) days, the proper tax and any penalties and/or interest due and
give written notice, in person or by registered or certified mail, of
same to the Operator. The amount determined to be due shall be
payable with fifteen (15) days of receipt of the notice by the
Operator, unless an appeal is taken as provided in Section
13.

Section 13: Appeal

An Operator aggrieved by any decision of
the Administrator with respect to the amount of such tax and
penalties due, may appeal to the Board of Ashtabula County
Commissioners by filing a written notice of appeal with the
Administrator within 15 days of receipt of the determination of the
amount tax due. The Board of Ashtabula County Commissioners shall fix
a time and place for hearing such appeal, and shall give notice in
writing to such Operator at his last known place of address. The
findings of the Board of Ashtabula County Commissioners shall be
final and conclusive of the tax and any penalties, and notice of same
shall be served upon the appellant in the manner prescribed above for
service of notice of hearing. Any amount found to be due shall
immediately be due and payable upon the service of notice.

Section
14 - Severability

If any sentence, clause, section or part of
these rules and regulations, or any tax imposed as specified herein,
is found to be unconstitutional, illegal or invalid, such
unconstitutional, illegality or invalidity shall affect only such
clause, sentence, section or part and shall not affect or impair any
of the remaining provisions, sentences, clauses, sections or other
parts of these rules and regulations

THEREFORE, BE IT RESOLVED,
That the Rules and Regulations adopted pursuant to Resolution Number
91-451, 91-825; 96-1687; 2002-221; 2002-471; 2002-924 are hereby
amended to update the Ashtabula County Lodging Excise Tax Code of
Regulations, as noted above and in accordance with a copy of the
amended Code of Regulations now on file in this office; and

BE IT
FURTHER RESOLVED, That such amendment shall be effective immediately.

The Vietnamese Beef Grill with noodles
came with a salad, alive with flavor. I added hot sauce to my
noodles. My son, Arthur, dined on appetizers. The owner of Pho
Saigon used his mother's recipes. Good move. A lunch and dinner
menu are now being planned.

Rebecca Monda, who teaches our Pilates
class at the Wellness Center, mentioned the existence of a Vietnamese
restaurant on Bridge Street. Naturally, we had to try it
immediately, and we were glad we did.

Local restaurants, owned and operated
by locally, are good to see. Establishing them reverses the trend
toward franchises, which take money out of the area.

Keeping our energies, and income,
local has been a real problem in Ashtabula, and around the country.
Ashtabula experienced the depletion caused by outsourcing jobs from
the 1960s on.

Tools which relocalize exist, and are
beginning to be used both in Ashtabula and elsewhere around the
country.

Ashtabula now has its own Time Bank,
thanks to St. Peter's Episcopal Church. By providing a Time Bank
through their website, St. Peter's and the My Neighborhood group,
which has been working on promoting local cooperation, are following
a well-tread path which has proven useful to many around the world.

Over 600 areas in the United States and
Great Britain and 34 nations around the world have started various
versions of a time hour system. The reasons include encouraging
exchange between people, resisting inflation, facilitating trade, and
building a cooperative community.

A long step up from barter,
participants can trade skills they have for the skills of others,
producing exchanges which decrease the dependence on money and expand
the circle of people you know.

Since the first modern Time Bank,
Ithaca Hours, began in 1991, the number of Time Banks has steadily
increased as confidence in the dollar continues to wane. Ithaca
Hours can also be used for professional services, such as dental
care, in many instances.

It was not the first time Americans
have been moved by a need to establish alternatives to the dollar.
Local currencies proliferated in America during the great
depression, fell into disuse after the end of World War II, and today
are back and growing more numerous.

Trade catering for gardening, having a
dress made, or your bathroom renovated. Visit the Ashtabula Time
Banking link on the St. Peter's website. Maybe before long Time
Hours will be accepted at your local restaurant.

Friday, July 19, 2013

In 1900 the first automobile entered
Yosemite Valley, causing a roil of excitement. The machine, a
Locomobile, was owned by Oliver Lippincott. Over the next decade
Americans would begin their move from horses as the primary source of
transportation, to automobiles.

Automobiles were promptly banned in the
Valley by the Park Service for the next 13 years.

In the meantime, Henry Ford, whose
hometown win in his specially designed auto, the Sweepstakes, against
Alexander Winton on October 10, 1901 provided the impetus allowing
Ford to prove the concept of low-cost production with the Model T.

It was the assembly line, not the Model
T, which put the world on wheels and changed how Americans lived.

The moving assembly line also changed
how people viewed themselves.

While the assembly line lowered the
cost of the finished product, bringing them within the reach of more
people, things produced were identical. The assembly line changed
how the world production and our relationship with how we create.
These things were identical.

But people are all different.

Today, a new form of production has
entered the market, moving the means of production from factory to
garage.

Jay Leno uses 3-D printing to save him
the aggravation of searching out old car parts for his extensive
collection of antique cars. Leno is a practical guy, and scrounging
through junk yards is now a thing of the past for him as he views his
collection of vintage autos.

The new technology is shaking up
assumptions about how a broad range of things can be best produced
and how we do business.

Today, 3-D is producing hearing aids,
exactly tailored to the wearer's ear canal, and is being used in
experiments producing custom-fitted prosthetic limbs. The cost for
complex aircraft parts may move to 3-D, doing away with bolts and
screws which before held components together.

Printers are not expensive. Free plans
are available on the Internet, and you can buy a small 3-D printer
for under $1,000. The process lends itself to programs which can
handle the technical side of the work. Patterns are generated by
computer, transmitted and downloaded. Using layers of material laid
down incrementally, the object is produced.

Today, the impact on the market is only
beginning. Many believe 3-D will reverse the outsourcing of
production, bringing it all the way home to people.

COMMENT - The title of this article is slightly deceptive, as it actually provides a succinct overview of psychopaths which is very insightful. It is well worth reading in toto. Editor, Ashtabula Times

January 12, 2013

(GOLD
BAR, WA) -- The Sky Valley Chronicle was asked recently by a Snohomish
County resident who plans to file criminal charges against a
cyber-stalker(s), how the state law on “regular stalking” comes into
play in making sure a stalker or stalkers is charged with as many
criminal counts as possible.

In the context of the question and being that January is Stalking Awareness Monthaccording to the U.S. Department of Justice, we present the following information for your review and consideration.

The
good news for victims of stalker crimes is that the Washington law on
regular stalking (RCW 9a.46.110) can b e used in many cases to file
additional criminal charges (charges in addition, for example to
cyber-stalking charges) against the perpetrators of such crimes.

This
is a powerful tool a victim can deploy in the fight against such
criminals in that many sociopaths who engage in both “regular” stalking
and cyber-stalking are often unaware of – or simply ignore – the sheer
number of laws they are breaking (or how often) or that laws overlap
allowing for the filing of multiple charges under different statutes.

Even
if they do realize such a thing, stalkers – many of whom are textbook
sociopaths who cannot control their behavior because of the high they
get from it – simply can’t stop from doing what has always been a
pleasurable behavior they were certain had no downside risk to their
lives. MORE

Monday, July 15, 2013

InsideClimate News, winner of this year’s Pulitzer Prize for national reporting, is teaming up with theArkansas Times, an aggressive daily news site with a weekly print edition based in Little Rock, to get to the bottom of the ExxonMobil oil spill in Mayflower, Ark. Why? Because it’s a disaster in danger of being forgotten or ignored, even though it has irrevocably changed the lives of many people like you and me — and because this spill, like previous spills, should be part of the national debate about the future of energy and the impacts of carbon pollution.

The Mayflower spill occurred on March 29. As many as 400,000 gallons of tar sands oil spilled into a residential neighborhood, forcing the evacuation of 22 homes that remain empty today. Residents continue to complain of a variety of health effects. A pile of oil-soaked debris hasn’t been removed from the area, and oil saturating a cove still threatens Lake Conway, a popular fishing lake. Yet little information about the cause of the spill — or when the shuttered pipeline might be re-started — has been forthcoming from Exxon or federal authorities.

The Mayflower story has national implications. The Keystone XL pipeline would carry the same type of unconventional oil from Canada to Texas. But in this age of shrinking newsrooms, few media outlets have been covering this important story from a small town in Arkansas. The collaboration between Arkansas Times and InsideClimate News will allow this story to be told from both a local and national perspective, and fill a glaring gap in media coverage.

A federal judge in Arkansas has denied Exxon Mobil Corp.’s motion to dismiss or strike class-action allegations in a suit over the March rupture of the Pegasus pipeline and resulting oil spill.

12 JUL 2013Tricia Gorman

U.S. District Judge Brian S. Miller of the Eastern District of Arkansas found Ellen Burgess’ amended pleading rendered Exxon Mobil’s objections to the original complaint’s proposed classes and alleged damages moot.

The amended pleading removed a previously proposed class of property owners with land within 3 miles of the rupture site near Mayflower, Ark., and now includes only owners of land bordering nearby Lake Conway and its coves and inlets at the time of the spill. MORE

The increased rates of earthquakes occurring in the central and eastern U.S over the past few years is a growing cause of concern. Two recent reports delve into the probability of man-made, induced earthquakes.

According to the U.S Geological Survey (USGS), more than 300 earthquakes above a magnitude 3.0 occurred from 2010-2012, compared with a much lower national average rate of 21 earthquakes per year observed from 1967-2000. The USGS also found that the increase in seismic activity coincides with the injection of wastewater in deep disposal wells. Much of this is a byproduct of oil and gas production which uses the process of fracking for extraction. The fracking wastewater is disposed of into wells specifically designed and approved for this purpose.

Seismicity of the coterminous U.S. and surrounding regions, 2009–2012. Black dots denote earthquakes with a magnitude ≥ 3.0 are shown; larger dots denote events with a magnitude ≥ 4.0. Background colors indicate earthquake hazard levels from the U.S. National Seismic Hazard Map (NSHM). Graphic courtesy of U.S. Geological Survey

The journal Science published a report Thursday, concluding that powerful earthquakes thousands of miles away can trigger swarms of minor quakes near wastewater-injection well sites like those used in oil and gas recovery, sometimes followed months later by quakes big enough to destroy buildings.

What seems to happen is that wastewater injection leaves local faults “critically loaded,” or on the verge of rupture. Even weak seismic waves from faraway quakes are therefore enough to set off a throngs of small quakes in a process called “dynamic triggering.”

Geologists have known for 50 years that injecting fluid underground, by the impoundment of water in reservoirs, surface and underground mining, can increase pressure on seismic faults and make them more likely to slip. The result is an induced quake.

The “natural gas boom” of recent years has been linked to an increase in small to moderate earthquakes. According to Rueters, seismologists at Columbia University say they have identified three earthquakes—in Oklahoma, Colorado and Texas—that were triggered at injection-well sites by major quakes a far distance away.

The seismic waves from an 8.8 quake in Maule, Chile, in February 2010 triggered a 4.1 magnitude quake in Prague, OK—site of the Wilzetta oil field—some 16 hours later. Months of smaller tremors in Oklahoma ensued, and then on Nov. 6, 2011, a 5.7 magnitude quake—the largest yet associated with wastewater injection—hit the city of Prague. It destroyed 14 homes, buckled a highway and injured two people.

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